County Employees Retirement Law of 1937 (CERL) - sdcera

22 years of age if enrolled as a full-time student in an accredited educational institution, then
the benefits accorded to a spouse, as specified in subdivision (a), may be accorded to a domestic
partner pursuant to this section. However, if a surviving dependent child elects to receive a
lump-sum payment, the lump-sum payment shall be shared among any surviving dependent
children and the domestic partner, pursuant to this section, in a proportional manner.
(c) This section is not operative unless and until the county board of supervisors, by
resolution adopted by a majority vote, makes this section operative in the county. In a county
of the 10th class, as defined in Sections 28020 and 28031, the county board of supervisors
may implement the benefits described in this section as determined through the collective
bargaining process and based on actuarial cost estimates.
(d) This section shall not apply to any member whose death occurs on or after January 1,
2009.
(Added by Stats. 2001, Ch. 893 (A.B. 25), Sec. 9.5)
(Amended by Stats. 2003, Ch. 79 (A.B. 266), Sec. 1)
(Amended by Stats. 2003, Ch. 780 (S.B. 85), Sec. 1)
(Amended by Stats. 2008, Ch. 197 (A.B. 2673), Sec. 1)
§31781. Death benefit; elements
The death benefit shall consist of:
(a) The member’s accumulated contributions.
(b) An amount, provided from contributions by the county or district, equal to
one-twelfth of the annual compensation earnable by the deceased during the 12 months
immediately preceding his death, multiplied by the number of completed years of service
under the system, but not to exceed 50 percent of such annual compensation.
(Added by Stats. 1947, Ch. 424, Sec. 1)
§31781.01. Contra Costa County; death benefit; elements (Contra Costa)
Notwithstanding Section 31781, the death benefit of a member covered under Section
31751 shall consist of:
(a) The member’s accumulated contributions.
(b) A lump sum of two thousand dollars ($2,000) offset by any lump-sum death payment
made under the federal Social Security Act.
(Added by Stats. 1980, Ch. 58, Sec. 14, Effective April 4, 1980)
§31781.1. Optional death allowance; election by surviving spouse; persons to whom paid;
minor children
(a) If a member of a retirement system established in a county subject to the provisions
of Section 31676.1 would have been entitled to retirement in the event of a non-serviceconnected
disability, but dies as the result of an injury or illness prior to retirement, the
surviving spouse of the member shall have the right to elect, by written notice filed with the
board, to receive and be paid in lieu of the death benefit provided in Sections 31780 and 31781,
an “optional death allowance.”
(b) The allowance shall consist of a monthly payment equal to 60 percent of the monthly
retirement allowance to which the deceased member would have been entitled if he or she had
retired by reason of non-service-connected disability as of the date of his or her death.
(c) If the surviving spouse elects to receive the “optional death allowance” the payments
due for this allowance shall be retroactive to the date of the deceased member’s death, and
shall continue throughout the life of the spouse.
(d) If the surviving spouse elects to receive the “optional death allowance,” and
Article 12, §31780.2. - §31781.1. 302